The court held that the limitation period for registration under the Citizenship Rules, 2009, should not automatically bar the consideration of a registration application for immigrants detected as foreigners, especially when pending case safeguards apply.

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ORDER

( SK Medhi, J.

Heard Ms. L Wajeeda, learned counsel for the petitioner. Also heard Shri J. Payeng, learned Standing Counsel, N.R.C. & F.T.; Shri A.I. Ali, learned Standing Counsel, E.C.I. and Ms. R.B. Bora, learned State Counsel, Assam.

By means of this petition, the petitioner has put to challenge an order dated 03.11.2016 passed by the learned Foreigner’s Tribunal, Jorhat, Assam in Case No. F.T.G. 136/2014. By the aforesaid order, the petitioner has been declared to be a foreigner of the stream between 01.01.1996 to 24.03.1971.

At the outset, the learned counsel has clarified that though the challenge was made against the aforesaid order dated 03.11.2016, the petitioner would be satisfied if a direction is issued for registering his name in terms of Section 19 of the Citizenship Rules, 2009.

At this stage, Shri Payeng, learned Standing Counsel has, however, placed before this Court the judgment dated 17.10.2024 of the Hon’ble Supreme Court in the case of In Re: Section 6A of the Citizenship Act, 1955. He has submitted that though the vires of the said section has been upheld, the Minority Judgment authored by the Hon’ble Mr. Justice, J.B. Padriwala, while holding the same section to be invalid, has also made an observation in paragraph 218(d) that for immigrants who have migrated between 01.01.1966 to 24.03.1971 (both inclusive) and have been detected foreigners but have not registered themselves with the registering authority within the prescribed time limit as per the Citizenship Rule, 2009 will no longer be eligible for the benefit of citizenship. The learned Standing Counsel has also placed before this Court a judgment of a Co-ordinate Bench of this Court in the case of Begum Zan Vs. Union of Inida & Ors., reported in 2025 (2) GLT 496. The aspect of registering is under Part IV of the Citizenship Rules, 2009 under the heading “Provisions as to Citizenship of India for Persons covered by Assam Accord”. Under Rule 19(2), including the proviso, the time granted for such registration is thirty days from the receipt of the order of the concerned F.T. As per the proviso, the period can be extended to further period but not exceeding sixty days which has to be done by recording reasons.

In the instant case, the opinion is dated 03.11.2016 which was received on 18.11.2016. The writ petition was instituted on 11.01.2017.

Under the aforesaid facts and circumstances, we are of the view that the observations made in paragraph 218(d) of the Minority judgment may not come into the way for consideration of the case of the petitioner for registration under Section 6A(3) on the ground of expiry of time.

This Court has also taken into consideration the fact that in paragraph 218(e) of the Minority Judgment, certain safeguards have been given for pending cases and in our opinion, the petitioner would be entitled to be benefit of the same.

In view of the above while the writ petition is dismissed, an observation is made that if the petitioner applies for registration within a period of 15 days from today, the same shall not be rejected on the ground of limitation and would be considered. Such consideration, however is required to be done as per law and on the merits of the application.